Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-06-27
home AND ABROAD.
LIVES LOST AT A LONDON FIRE
YESTERDAY.
A Million and a Quarter Loss in Chi.
cagO-The Egyptian Treaty
Railroad Landslide.
ESPECIAL DISPATCHES TO THE RBcoRD-us1os. ]
INDEMNIFY LANDS.
How Government Department Faile
to Do Its Duty.

How a Government Department Failed
to Do Its Duty.
Copyright, 1887, by the California Associated Press.
WASHINGTON, June 26th. = Especial. J.
Henry Beard, attorney for the Central Pa
cific Railroad, will file with the Secretary of
the Interior tomorrow the answer of the
California and Oregon Railroad Company
to the rule of the Secretary in regard to
indemnity lands. In its reply the road says
the hrst was Withdrawn in 1S47-lS6S, and
extended along a definitely located route
from Roseville, on the Central Pacific Rail-
road. to Salt creek, in township 80 north,
Mount Diablo base and meridian, dis
tance OF over sixty miles. The second was
ordered August %, 1871, on a definitely
located route northward from Salt creek to
the north line of township 46 north, range
8 west, a distance of over sixty miles. The
third, recently made merely completes the
definite location of the road to its pre-
scribed terminals. The primary reason
why these Withdrawals should net be re-
voked is that they were made in obedience
to and in the manner provided by the Act
OF Congress, which in Section 9 made it
the duty of the Secretary to withdraw the
lands. Having been so made for purpose
not yet executed by the officer whose duty
it was to make them, and who acted un-
derstandingly in the matter, they cannot
be revoked by successor in the same Of
flee, while the facts which led to them re-
main the same, and the law has not been
changed. 1t has not been shown, and
cannot be deduced from the known fact
that any more lands have been withdrawn
than will be needed to fulfill the intention
of Congress as expressed in the grant.
Should the Department order a restoration
of the lands under the circumstances
now existing, the losses accruing to
the Government would be greater
than the advantages. The entire road
is about 291 miles long. OF this 151 80
miles were completed and accepted by the
President prior to the 1st Of July, 1880, the
time prescribed for the completion. Since
then 40 miles in addition were accepted by
President Arthur in February, 1885, and 60
miles more have since been completed,
making 251 33 miles.
The company has not as yet obtained
patents for all the lands opposite the por-
ton of road completed in due time along
the ISL .33 miles, at 20 sections per mile. If
the road was straight there would be l ,937,-
024 acres, and in fact there is not less than
10000 Il ,S00,000) acres in quantity. The
company has received patents Tor only
l ,362, 1861 acres, as stated in its annual
report for 1SS6-leaving due a balance of
437 ,56639 acres on the 100 miles additional.
The amount or quantity of 20 sections Tor
u, 800 acres) per mile would approximate
], $50 900 acres. 1t is actually more than
100000 acres. Opposite this part of the
line the company has not received patent
to single acre.
The Register and Receiver at Shasta
were advised by the Commission on March
Ii, 1885, of the acceptance of forty miles
OF the road by the late President Arthur,
and thereupon the company, in pursuance
of law and Department instructions, pre-
sented lists in May and June, 1885, to
those officers and paid the fees and cost
and obtained the certifcation of l ,459 673
acres of granted tracts, upon lists Nos.
and 8. The lists were sent to the General
Land Office, where they now repose The
Commissioner will issue no patents. On
the 26th of --, 1885, he wrote to the
officers at Shasta third land decision,
6,604) letter, a copy of which ! also
place in the appendix. He nullified the
Presidents acceptance of the road and told
the officers: +" | do not think it matter
of official duty, under my responsibilities
as an executive officer of the Government,
to authorize selections to be made pending
such action as Congress may please to
take"
As a consequence, the local officers have
since refused to allow the selections of the
granted lands. The company accordingly
tenders the fees and costs and appeals from
the refusals of the local officers These ap-
peals also repose in the files of the General
Land Office